Loading...
HomeMy WebLinkAbout94-127 - ADMIN Resolution - City Council - 1994/09/12RESOLUTION NO. 94-127 RESOLUTION AND ORDER TO RAZE AND REMOVE HAZARDOUS BUILDING LOCATED AT 1600 HAMPSHIRE AVENUE SOUTH WHEREAS, Gene Bell and Yvonne Bell are the owners of record of the property located at 1600 Hampshire Avenue South, .legally described as: Lot 35 Richmond Addition, Hennepin County, Minnesota; and WHEREAS, The City Council of the City of St. Louis Park has made the following findings of fact regarding a vacant house on the above described property: 1. The City has received neighborhood complaints regarding the lack of property maintenance, the existence of abnormal and potentially hazardous openings in the house, and the general deterioration of the building. 2. The house is vacant and has been unoccupied for several months. 3. The City scheduled an inspection of the property with the owners for July 6, 1994. 4. The property owners failed to appear to permit entry to the buildings at the time of the scheduled inspection, compelling the City to obtain a search warrant to inspect the property on Wednesday, July 13, 1994. 5. On July 27, 1994 the City sent a notice by certified mail to Gene Bell and Yvonne Bell, owners of record, that the structure was a hazardous building. The notice set forth the deficiencies of the structure and instructed the owner to secure the safety hazard as provided in Minnesota Statutes, Section 463.251. 6. Th'property owners have not provided an acceptable written response to the notice. 7. The property owners did not comply with the City's written order to secure the openings in the exterior walls of the building and the City subsequently secured the house by boarding up all building openings. 8. The secured hazardous structure remains substandard and constitutes a hazard to the public safety. Set forth below are the deficiencies. A. The roof rafters on the house have failed and the roof structure has collapsed. The north side of the roof exhibits deterioration of the rafters, roof boards and supports. The south side of the roof has a hole which has been temporarily covered by plastic however, the leaking roof has resulted in the deterioration of the floors, walls and ceilings of the structure. The building is open to the elements which are causing damage to the structure. B. The•sheetrock has been removed from the walls and ceilings in the house and the floor is spongy and has failed, especially in the kitchen and bathroom. C. The south wall of the house is bulged outward and is at least 12 inches out of plumb. The north, west and south walls can each be moved at least 4 inches by pushing on them. D. The fascia and soffits on the house have rotted as a result of water damage caused by water leaks. E. The electrical system in the house is hazardous as noted by open wiring, rusted electrical boxes and rusted greenfield casing throughout the walls and attic space. This poses a danger to any person entering the structure. The City has subsequently ordered NSP to disconnect the electrical service to the property based on the immediate hazard presented by the condition of the wiring. F. The gas appliances have been removed from the house and the gas service lines have not been properly capped. If the gas valves were opened there would be no protection from a gas leak in the building. The City has subsequently ordered Minnegasco to disconnect the pas service to the property based on the immediate hazard presented by the condition of the gas piping within the house. G. The plumbing fixtures in the kitchen and bathroom have been removed leaving the sewer lines open to release sewer gas. H. The heating system has been disconnected from the thermostat and the house is not provided with the required heating system. Further, the lack of heat and ventilation has contributed to the humid dank smell throughout the house. I. The roof boards, rafters, ceiling joists and top plates on the walls of the house have become so rotted that the rafters are collapsing into the top plates. J. The windows and door frames of the house have become deteriorated and are loose in their openings. 9. Because of the reasons listed above, the Director of Public Works has found that: The structure is in such a condition that repair is not feasible and the cited violations and conditions cannot be corrected and, therefore, the structure, including the foundation, must be demolished and entirely removed; the City sewer and City water services must be properly abandoned; a permit for demolition and permits for utility disconnection including the required inspections must be obtained. WHEREAS, The structure is located in a residential zoning district containing single- family homes; and WHEREAS, the City Council of the City of St. Louis Park having duly considered the matter pursuant to Minnesota Statutes, Sections 463.15 to 463.261, finds the vacant house on the above-described property to be unsafe and hazardous to the public health, safety and welfare because its walls, roof and floors are rotted from water damage and do not comply with minimum building code requirements; the roof is open to the elements of the weather; it has no utilities; it has no functioning sanitary facilities; and it is vacant and dilapidated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Louis Park: 1. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, Section 463.15 to 463.261, HEREBY ORDERS the owners of record of the above-described hazardous building, as recorded with the Hennepin County Recorder, or their representatives, to raze and remove such building within twenty (20) days of service of this Order. The Council further orders that all personal property and fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within twenty (20) days of the service of this order. If not so removed by the owners, the City of St. Louis Park may remove and sell such personal property and fixtures at public auction in accordance with law. 2. Further orders that unless corrective action is taken or an answer is served upon the City of St. Louis Park and filed in the office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, the motion for summary enforcement of this order will be filed with Hennepin County District Court. /6..4 91-iz 7 3. Further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City, its employees, officers, agents, and the City Attorney's office, will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 4. Authorizes and directs the City Manager, the City Attorney, officers, agents and employees of the City to take such action and prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the Cit Council OVA< k Attest. City C er Approved as to form and execution: Cityttorney Revi ed for Administration:A/ lea y Manager